Legal Question in Criminal Law in Arizona

David, you're in touble. One of the conditions of your probation is to obey all laws. Unless there was some mistake and you weren't shoplifing heres how things are going to pan out. If you try to negotiate diversion, the prosecutor may get wind of the fact that you are currently on probation. Depending on the prosecutor, how busy he/she is, how bad the facts were behind the DV, and which way the wind is blowing, they may file a petition to revoke your probation. You could serve jail time for a VOP. (violation of probation) Without counsel, you have the right to speak to the prosecutor. At your initial appearance you can sign a waiver of counsel and ask the prosecutor for a plea to a simple fine that you will pay over time. You will want to come with an apology letter to the store in hand. Unlike DV, shoplifting doesn't carry the same type of ancilliary consequences like loss of right to carry a firearm. Once your fine is paid you may go to the court and request a form for setting aside judgment. I recommend getting a judicial set-aside. By my estimation, the only effects that it will have on your record is that you may have trouble getting employment, especially at a retail store such as walmart. In addition, shoplifing on your third time within 5 years is a class 4 felony.

The most important thing you can do is not give the prosecutor time to realize you are on probation. If you plea guilty without the prosecutor or can manage a plea without the prosecutor realizing you are on unsupervised probation, it won't come back to bite you.

You need to consult an attorney and refrain from posting personal information online as it can be used against you. If you have any priors, you may not necessarily be eligible for diversion. Proceeding without counsel may cause more harm than good. It's important to remember that the prosecutor has adverse interests and anything you say to the prosecutor can be used against you. There are many excellent attorneys on this forum. Hope this helps and best of luck!

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